TERMS OF USE
PLEASE READ THE TERMS AND CONDITIONS THOROUGHLY AND CAREFULLY.
A. Acceptance of Terms
The terms and conditions set forth below (“Terms of Use”) and the Privacy Policy constitute a legally-binding agreement between Map Out Private Limited (“MapOut”) (“we”, “our” or “us”), and any user of this Platform including Service User (as defined hereunder) (“You” or “Your”). These Terms of Use contain provisions that define your limits, legal rights and obligations with respect to your use of and participation in (i) MapOut Platform, including the classified advertisements, forums, various email functions and Internet links, and all content and MapOut services available through the domain and sub-domains of MapOut located at www.mapout.com(collectively referred to herein as the “Platform”), and (ii) the online transactions with respect to mentorship between those users of the Platform who are offering/ providing services (each, a “Service Professional”) and those users of the Platform who are obtaining/ using services (each, a “Service User”) through the Platform (such services, collectively, the “Services”, as defined hereinafter). The Terms of Use described below incorporate the Privacy Policy and apply to all users of the Platform, including users who are also contributors of information, private and public messages, advertisements, and other materials or Services on the Platform.
The Platform is currently owned and operated by Map Out Private Limited.
You acknowledge that the Platform serves as a platform for agreeing upon Services between Service Professionals and Service Users, and, by using, visiting, registering for, and/or otherwise participating in this Platform, including the Services presented, promoted, and displayed on the Platform, and by clicking on “I have read and agree to the terms of use,” you hereby certify that: (1) you are a Service User or a Service Professional (2) you have the authority to enter into these Terms of Use, (3) you are authorized to make payment for Services requested through the use of the Platform, and (4) you agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein. If you do not so agree to the foregoing, you should not click to affirm your acceptance thereof, in which case you are prohibited from accessing or using the Platform. If you do not agree to any of the provisions set forth in the Terms of Use, kindly discontinue viewing or participating in this Platform immediately.
All references to “You” or “Your”, as applicable, mean the person that accesses, uses, and/or participates in the Platform in any manner. If you use the Platformor open an Account (as defined below) on behalf of a business, you represent and warrant that you have the authority to bind that business and your acceptance of the Terms of Use will be deemed an acceptance by that business and “You” and “Your” herein shall refer to that business.
1. MODIFICATIONS TO TERMS OF USE AND/OR PRIVACY POLICY
MapOut reserves the right, in its sole discretion, to change, modify, or otherwise amend the Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other legitimate business purposes, at any time, and MapOut will post notice of the changes and the amended Terms of Use at the domain of https://mapout.com/termsOfUse. It is your responsibility to review the Terms of Use for any changes and you are encouraged to check the Terms of Use frequently. Your use of the Platform following any amendment of the Terms of Use will signify your assent to and acceptance of any revised Terms of Use. If you do not agree to abide by these or any future Terms of Use, please do not use or access the Platform.2. PRIVACY POLICY
MapOut has established a Privacy Policy that explains to users how their information is collected and used. The Privacy Policy is referenced above and hereby incorporated into the Terms of Use set forth herein. Your use of this Platform is governed by the Privacy Policy.
The Privacy Policy is located at: https://mapout.com/privacyPolicy
B. Membership and Accessibility
1. LICENSE TO ACCESS
MapOut hereby grants you a non-exclusive, revocable license to use the Platform as set forth in the Terms of Use; provided, however, that (i) you will not copy, distribute, or make derivative works of the Platform in any medium without MapOut’s prior written consent; (ii) you will not alter or modify any part of the Platform other than as may be permitted by the MapOut and are reasonably necessary to use the Platform for its intended purposes; and (iii) you will otherwise act in accordance with the terms and conditions of the Terms of Use and in accordance with all applicable laws.
2. MEMBERSHIP ELIGIBILITY CRITERIA
Use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law. You represent, acknowledge and agree that you are at least 18 years of age, and that: (a) all registration information that you submit is truthful and accurate, (b) you will maintain the accuracy of such information, and (c) your use of the Platform and Services offered through this Platform do not violate any applicable law or regulation. Your Account (defined below) may be terminated without warning if we at our discretion, believe that you are under the age of 18 or that you are not complying with any applicable laws, rules or regulations. If you are below 18 and you wish to use the Platform, you must get consent from your parents or guardian before doing so.
You need not register with MapOut to simply visit and view the Platform and services available there or participate in free information available on the Platform, but to access and participate in certain features of the Platform, you will need to create a password-protected account (“Account”). These certain features include, but are not limited to interaction with mentors, booking a mentorship session etc. To create an account, you must submit your name and email address through the account registration page on the Platform and create a password. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to MapOut in providing you with a more customized experience when using the Platform. You may also register for an Account using your existing Facebook, Google, etc. account and log-in credentials (your “Third-Party Site Password”).
You are solely responsible for safeguarding your MapOut password and, if applicable, your Third-Party Site Password (collectively, “Passwords”) at all times and shall keep your Passwords secure at all times. You shall be solely responsible for all activity that occurs on your Account and you shall notify MapOut immediately of any breach of security or any unauthorized use of your Account. Similarly, you shall never use another’s Account without MapOut’s permission. You agree that you will not misrepresent yourself or represent yourself as another user of the Platform and/or the Services offered through the Platform.
You hereby expressly acknowledge and agree that you yourself and not MapOut will be liable for your losses, damages etc. (whether direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of MapOut or others due to such unauthorized use.
You acknowledge and agree that you shall comply with the following policies (the “Account Policies”):
3. ADDITIONAL POLICIES
Your access to, use of, and participation in the Platform is subject to the Terms of Use and all applicable MapOut regulations, guidelines and additional policies that MapOut may set forth from time to time, including without limitation, a copyright policy and any other restrictions or limitations that MapOut publishes on the Platform (the“Additional Policies” ). You hereby agree to comply with the Additional Policies and your obligations thereunder at all times. You hereby acknowledge and agree that if you fail to adhere to any of the terms and conditions of this Agreement or documents referenced herein, including the Account Policies, membership eligibility criteria or Additional Policies, MapOut, in its sole discretion, may terminate your Account at any time without prior notice to you as well as initiate appropriate legal proceedings, if necessary. Any changes to the terms of use policies will be notified to you at your next login and we assume that you regularly read these Terms of Use and agree with the changes made by us.
C. Feedback
As a participant in the Platform, you agree to use careful, prudent, and good judgment when leaving Feedback for another user. The following actions constitute inappropriate uses of Feedback: (a) threatening to leave negative or impartial Feedback; and (b) leaving Feedback in order to make the Service Professional appear better than he or she actually is or was.
1. Sanctions for Inappropriate Use of Feedback. If you violate any of the above-referenced rules in connection with leaving Feedback, MapOut, in its sole discretion, may take any of the following actions: (i) cancel your Feedback; (ii) limit your Account privileges; and/or (iii) suspend your Account.
2. Reporting Inappropriate Use of Feedback. You may contact MapOut regarding any inappropriate use of Feedback via-email at [email protected].
D. Rules for Service Users
1. SERVICE USERS SHALL NOT TAKE ANY OF THE FOLLOWING ACTIONS:
(a) commit to using a Service without paying (Except for free offers done as part of promotional campaigns run by Service Professionals and/or MapOut); (b) sign up for, negotiate a price for, use, or otherwise solicit a Service with no intention of following through with your use of or payment for the Service; (c) agree to purchase a Service when you do not meet the Service Professional’s or Platform’s terms as outlined in the Posting, or agree to purchase a Service with the intention of disrupting a Posting; or (d) misuse any options made available now or in the future by MapOut in connection with the use or purchase of any Service.2. SANCTIONS FOR VIOLATING ANY OF THE RULES FOR SERVICE USERS
If a Service User violates any of the above-referenced rules in connection with the Posting, MapOut, in its sole discretion, may take any of the following actions: (a) limit the Service User’s Account privileges; and/or (b) suspend the Service User’s Account.E. Limitation of our Liability
You hereby release MapOut, its officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way, connected with any disputes arising between you and any other party, or between you and other Platformusers.
None of the Services, including but not limited to mentoring and mentorship sessions, listed on the Platformare provided by us. We act as an intermediary between the Service Users and the Service Professionals. All the service-related information transmitted and posted on the Platformare by the Service Professionals or upon their instructions.
We shall in no way be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any posted service on the Platform. The Service Professional acts as an independent contractor and any act done by the Service Professional makes them solely liable. We do not guarantee or take responsibility for your satisfaction with the provided Service. We shall in no way be liable if you do not achieve the desired goal as a result of the provided Services.
You assume all responsibility and risk with respect to your use of the Platform. You understand and agree that, to the fullest extent permitted by law, we disclaim all warranties, representations and endorsements, express or implied, with regard to the site, including, without limitation, implied warranties of title, merchantability, non-infringement and fitness for a particular purpose. We have no duty to update or modify the Platform and we are not liable for our failure to do so. In no event, under no legal or equitable theory (whether tort, contract, strict liability or otherwise), shall we or any of our respective employees, directors, officers, agents or affiliates, be liable hereunder or otherwise for any loss or damage of any kind, direct or indirect, in connection with or arising from the Platform, the use of the Platform or our agreement with you concerning the Platform, including, but not limited to, compensatory, direct, consequential, incidental, indirect, special or punitive damages, lost anticipated profits, loss of goodwill, loss of data, business interruption, accuracy of results, or computer failure or malfunction, even if we have been advised of or should have known of the possibility of such damages. If we are held liable to you in a court of competent jurisdiction for any reason, in no event will we be liable for any damages in excess of USD 100. If any limitation on remedies, damages or liability is prohibited or restricted by law, we shall remain entitled to the maximum disclaimers and limitations available under this agreement, at law and/or in equity.
F. Services Offered
MapOut is the go-to destination for the next-gen students to receive first-hand guidance and insights about college and work life. Our services are more detailed on the Platform under Our Services section. You are advised to check the Platform for more details of these services and their charges.
G. Force Majeure
We shall not be liable for delayed or interruption in service due to any force majeure event, arising out of any enforceable circumstances and beyond our reach, including but not limited to fire, flood, earthquakes, strikes, unavailability of necessary utilities, black-out, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or natural disaster.
H. Copyright Infringement Take Down Procedure
MapOut has high regard for intellectual property and expects the same level of standard to be employed by its users. MapOut may, in appropriate circumstances and at its discretion, terminate the Account or prohibit access to the Platform of users who infringe upon the intellectual property rights of others.
If you believe that your work has been copied and posted on the Platform in a way that constitutes copyright infringement and/or trademark infringement, please send the following information to us at [email protected]
I. Modifications to or Termination of Platform
1. MODIFICATION OR CESSATION OF PLATFORM
MapOut reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice and in its sole discretion. You agree that MapOut shall not be liable to you or to any third party for any modification, suspension or discontinuance of MapOut services.
2. TERMINATION BY MapOut
You hereby acknowledge and agree that MapOut, in its sole and absolute discretion, has the right (but not the obligation) to delete, terminate, or deactivate your Account, block your email or IP address, cancel the Platform or otherwise terminate your access to or participation in the use of the Platform (or any part thereof), or remove and discard any Submitted Content on the Platform (“Termination of Service”), immediately and without notice, for any reason, including without limitation, Account inactivity or if MapOut believes or has reason to believe that you have violated any provision of the Terms of Use.
3. EFFECT OF TERMINATION
Upon termination of your Account, your right to participate in the Platform, including, but not limited to, your right to offer or purchase Services and your right to receive any fees or compensation, including, without limitation, referral discounts, incentive bonuses, or other special offer rewards, shall automatically terminate. You acknowledge and agree that your right to receive any fees or compensation hereunder is conditional upon your proper use of the Platform, your adherence to the Terms of Use, the continuous activation of your Account, and your permitted participation in the Platform. In the event of Termination of Service, your Account will be disabled and you may not be granted access to your Account or any files or other data contained in your Account. Notwithstanding the foregoing, residual data may remain in the MapOut system.
Upon Termination of Service, the following shall occur: all licenses granted to you hereunder will immediately terminate; and you shall promptly destroy all copies of MapOut Data (as defined below), Marks (as defined below) and other content in your possession or control. You further acknowledge and agree that MapOut shall not be liable to you or any third party for any termination of your access to the Platform. Upon Termination of Service, MapOut retains the right to use any data collected from your use of the Platform for internal analysis and archival purposes, and all related licenses you have granted MapOut hereunder shall remain in effect for the foregoing purpose.
You agree to indemnify and hold MapOut, and its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the Termination of Service.
J. Intellectual Property Rights
1. MapOut OWNS OR HOLDS THE LICENSES TO ALL DATA AND MARKS ON THE PLATFORM
The content on the Platform (exclusive of all Submitted Content by Service Professionals), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Data”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by MapOut. Other trademarks, names and logos on this Platform are the property of their respective owners.
Data on the Platform is provided to you as is for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. MapOut reserves all rights not expressly granted in and to the Platform and the Data. You agree not to use, copy, or distribute, any of the Data other than as expressly permitted herein, including any use, copying, or distribution of Submitted Content obtained through the Platform for any commercial purposes. If you download or print a copy of the Data for personal use, you must retain all copyright and other proprietary notices contained thereon. You agree not to circumvent, disable or otherwise interfere with security features of the Platform or features that prevent or restrict use or copying of any Data or enforce limitations on use of the Platform or the Data therein.
2. MapOut’S LICENSE TO YOU FOR THE USE OF DATA AND MARKS
The Platform contains MapOut’s Data and Marks, which are, or may become, protected by copyright, trademark, patent, trade secret and other laws, and MapOut owns and retains all rights in the MapOut Data and Marks. Subject to these Terms of Use, MapOut hereby grants you a limited, revocable, non transferable, non sublicensable license to reproduce and display the MapOut Data (excluding any software source code) solely for your personal use in connection with accessing and participating in the Platform.
The Platform may also contain Data of other users or licensors, which you shall not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell.
K. Governing Law
You hereby agree that the laws of Singapore shall govern these Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms.L. Notice
You agree that MapOut may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, messages, or postings on the Platform.M. General Information
1. ENTIRE TERMS OF USE
The Terms of Use, together with the Privacy Policy and any other legal notices or Additional Policies published by MapOut on the Platform, shall constitute the entire agreement between you and MapOut concerning the Platform. If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.
A waiver by MapOut of any default or defaults by you in the performance of any of the provisions of this Terms of Use shall be effective only when executed in writing by duly authorized representatives of MapOut.
2. STATUTE OF LIMITATIONS
You agree that any cause of action arising out of or related to the Platform must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.3. SECTION HEADINGS
The section headings in the Terms of Use are for convenience only and have no legal or contractual effect.These Terms of Use were most recently updated in November, 2023.